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This is an appeal brought by the Secretary of State against the decision of the First-tier Tribunal allowing the appeal of the Respondent, hereinafter "the Claimant" against the decision of the Secretary of State refusing him a residence card.
The Secretary of State appeals because the Tribunal has ruled in the case of Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC) that, contrary to what people have thought for a long time, there is no right of appeal to the First-tier Tribunal against the decision of the Secretary of State not to grant a residence card to a person claiming as an extended family member.
The decision is Sala is reported and I intend to follow it. Consequently I have to set aside the decision of the First-tier Tribunal and substitute a decision that there is no jurisdiction to entertain an appeal.
I put on record that Ms Holmes, for the Secretary of State, has confirmed that there was no challenge to the First-tier Tribunal Judge's findings of fact and the Secretary of State will reconsider the matter in the light of those findings but for the purposes of the record I rule that the First-tier Tribunal erred in law and I substitute a decision that there is no right of appeal against the decision complained of.
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